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Docket: Active Litigation Cases

Case Name: Gish (Matter of the Estate) v. Wells Fargo Bank

Court: New Mexico State Ct., Santa Fe Cty.  Docket: D-101-PB-2015-00006

Read Amdended Complaint (PDF) and Answer to Amended Complaint (PDF)

AARP Joins as Co-Counsel: 6/21/2018

Case Issue: Did Wells Fargo violate state and federal law when it originated a reverse mortgage loan that cost a borrower more than the loan for which the applicant applied and was approved; did Wells Fargo have standing to foreclose on the loan. 


Case Name: Taaffe v. Drake

Court: U.S. Dist Ct. SD Ohio Docket: 15-02870

Decided: 6/20/2018

Read ComplaintSettlement (PDF) and Article

Case Result: Plaintiffs reinstated to prior positions. OSU paid $765,000 and agreed to add "age" to the list of protected categories on job posting sites; hold two trainings regarding age discrimination and HR investigations; adopt a "second look" policy where HR complainants can appeal results of investigation and obtain an unconflicted individual's review; and University-wide review of all discrimination policies and guidelines. 


Case Name: U.S. Chamber of Commerce v. U.S. Dep't of Labor (Motion to Intervene and Petition for Rehearing)

Court: U.S. Ct. App. 5th Cir. Docket: 17-10238

Filed: 5/2/2018

Read AARP's Petition for Rehearing (PDF) and Motion to Intervene (PDF) Decision (PDF)

Case Result: In a 2-to-1 order, the Fifth Circuit panel denied AARP's motion to intervene to file a petition for rehearing en banc to review the court's invalidation of the Department of Labor's Fiduciary Rule that protects consumers from conflicts of interest when saving for their retirement.


Case Name: Fair Housing Justice Center v. Cuomo

Court: U.S. Dist. Ct. NY (Southern Dist.) Docket: 18-civ-3186

Filed: 4/12/2018

Read Complaint (PDF) and Press Release (PDF)

Case Issue: Does a blanket prohibition barring users of wheelchairs from living in Adult Care Facilities regulated and funded through New York State's Department of Health violate the Fair Housing Act, the ADA, and other civil rights laws?


Case Name:  Runton v. Brookdale Senior Living

Court: U.S. Dist. Ct. SD Fla.    Docket: 17-cv-60664-CMA

AARP Joined Case: 12/22/2017

Read Complaint (PDF)

Case Issue: Did Brookdale Senior Living violate the Florida Deceptive and Unfair Trade Practices Act and contractual provisions of resident agreements when it marketed and charged for services in over 120 of its Florida assisted living facilities based on individual resident assessments of needs, but then did not use the assessments in setting staffing levels or provide the level of services assessed? 


Case Name: AARP v. EEOC

Court: U.S. Dist. Ct. D.C.   Docket: 16-2113

Decided: 12/20/2017

Read Opinion (PDF)

Case Result: AARP successfully convinced the D.C. District Court to vacate the EEOC’s 2016 wellness rules. The court made the rules ineffective as of January 1, 2019—two years sooner than the agency proposed to take to issue new rules. This is a major victory for AARP and workers because it means two fewer years of coercive penalties imposed on employees who exercise their civil right to keep private information private in the workplace.


Case Name: Boothby v. California Department of Health Care Serv.

Court: Superior Ct. State of Cal., County of Los Angeles   Docket: BC627948

AARP Joined Case: 11/3/2017

Read Complaint (PDF), Press Release (PDF),  Writ (PDF), and Judgment (PDF)

Case Comment:  Injunction and judgment issued ordering California to reinstate Medicaid provider rates.


Case Name: Brown v. District of Columbia

Court: U.S. Ct. App. D.C. Cir.   Docket: 17-7152

Filed: 10/30/2017

Read Brief (PDF) 11/29/2017

Case Issue:  Was the court's finding that Plaintiffs failed to establish "systemic deficiencies" in the manner in which the District of Columbia enrolls nursing home residents into home and community-based services against the weight of the evidence?

Did the court commit legal error by holding that it cannot craft class-wide injunctive relief if class members who have suffered discrimination cannot all benefit from the relief provided due to individualized cirumstances (e.g., some have homes to which to return and others do not)?


Case Name: Waldbuesser (formerly Grabek) v. Northrop Grumman Corp.

Court: U.S. Dist. Ct. CD Cal.    Docket: 06-cv-06213-R CJC

Settled: 10/24/2017

Read Decision (PDF)

Case Result: A settlement of $16,750,000, 4 incentive awards of $25,000 each, expenses of $1,159,114, and attorneys' fees of $5,583,333. Does not include settlement of companion case Marshall v. Northrop Grumman for claims after May 11, 2009.


Case Name: McGraw v. Chancellor Senior Management, LTD

Court: Circuit Ct., Raleigh County, WV   Docket: 16-C-698

AARP Joined Care: 10/16/2017

Read Complaint (PDF)

Case Issue: Are Chancellor's practices of marketing certain levels of services, assessing care needs at admission, and charging fees based on those needs; but then, failing to have sufficient staff to actually meet those needs unfair or deceptive acts or practices under West Virginia's consumer protection statute?

Case Name: Single v. Catholic Pioneer Church Homes

Court: Superior Ct., State of Cal., County of Sacramento    Docket: 2017-00220058

Filed: 10/4/2017

Read Complaint (PDF) and Press Release

Case Issue: Can a nursing facility refuse to readmit a resident who has exercised her administrative due process rights and won the right to readmission?


Case Name: Kleber v. CareFusion

Court: U.S. Ct. App. 7th Cir. Docket: 17-1206

Read AARP's Appellant Brief (PDF) and Reply Brief (PDF)

Filed: 2/1/2017

Case Issue: Does the Age Discrimination in Employment Act (ADEA) allow job applicants to challenge hiring practices (here a "maximum years of experience" requirement) that unreasonably screens out older applicants without expressly disfavoring them based on their age.


Case Name: Pierce v. Genesis Healthcare

Court: Superior Ct. of Delaware    Docket: S16C-09-002

Filed: 9/2/2016

Read Summary and Complaint (PDF)

Case Issue: Can nursing facilities administer psychotropic drugs to elderly people with dementia without informed consent or medical justification?


Case Name: Raymond v. Spirit AeroSystems

Court: U.S. Dist. Ct. Kansas Docket: 16-cv-01282

Filed: 7/11/2016

Read Press Release and Complaint

Case Issue: In conducting a reduction-in-force, did the aerospace company target older workers in the hope of eliminating individuals with costly medical claims from the firm's self-insured medical plan?


Case Name: Rabin v. PricewaterhouseCoopers

Court: U.S. Dist. Ct. ND Cal. Docket: 16-02276

Filed: 4/27/2016

Read Complaint

Case Issue: Do PwC's hiring and related employment practices have the purpose and effect of disadvantaging and deterring older applicants for entry- and mid-level jobs, in violation of federal and California age bias laws?


Case Name: Hope Fair Housing Ctr. v. Alden Gardens

Court: U.S. Dist. Ct. ND Ill  Docket: 1:15-cv-009715

Filed: 10/30/2015

Read Complaint

Case Issue: Is it a violation of the Fair Housing Act, ADA, and Section 504 to deny housing to a person who has a history of mental illness?


Case Name: Hope Fair Housing Ctr. v. East Gate Manor of Algonquin

Court: U.S. Dist. Ct. ND Ill  Docket: 1:15-cv-009717

Filed: 10/30/2015

Read Complaint

Case Issue: Is it a violation of the Fair Housing Act, ADA, and Section 504 to deny housing to a person who has a history of mental illness?


Case Name: Hope Fair Housing Ctr. v. Tabor Hills Supportive Living Cmty.

Court: U.S. Dist. Ct. ND Ill  Docket: 1:15-cv-009719

Filed: 10/30/2015

Read Complaint

Case Issue: Is it a violation of the Fair Housing Act, ADA, and Section 504 to deny housing to a person who has a history of mental illness?


Case Name: Taaffe v. Ohio State Univ.

Court: U.S. Dist. Ct. SD Ohio    Docket: 15-02870

Filed: 9/29/2015

Read Complaint

Case Issue: Did the university administrators allow the English as a Second Language department to conduct an orchestrated effort to drive older staff members out of their jobs through a pattern of age discrimination and harassment.


Case Name: O'Connor v. Eden Management

Court: U.S. Dist. Ct. ND Ill.     Docket: 13cv7391

Filed: 10/15/2013

Read Summary and Complaint (PDF)

Case Issue: Is it a violation of Fair Housing Act, ADA, and Section 504 to deny housing to a person who has a history of mental illness?


Case Name: Romero v. Allstate Ins. Corp. 

Court: U.S. Dist. Ct. Pa.   Docket:  01-03894

Filed: 2001

Case Issue: Did employer violate ERISA's prohibition against reducing pension benefits by phasing out early retirement benefits and changing the eligibility requirements for these benefits?


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